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31. The Coupling of State and Sharia Justice Systems in a Secular State: The Case of Ethiopia

Author:
Girmachew Alemu Aneme
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
The constitutional recognition of the Sharia justice system in Ethiopia has given rise to normative and judicial plurality. Both state and Sharia justice systems relate to a distinctive basis of legitimacy or justice; the state justice system is based on the Constitution of the Federal Democratic Republic of Ethiopia while the basis for the Sharia justice system is the divine law of Islam as revealed in the Quran. This paper reflects on the incongruences and incompatibilities in the relation between state justice and Sharia justice systems within the Ethiopian legal system. A closer analysis of the landmark case of Kedija Bashir et al. allows some important insight into the issue of constitutional and judicial review of the decisions of Sharia courts. Here, the objective of the paper is to explore the possible common normative grounds that would provide autonomy for each system, while maintaining a minimal normative standard in the sense of ‘ordre public’.
Topic:
Legitimacy, Justice, Judiciary, and Autonomy
Political Geography:
Africa and Ethiopia

32. Civilian-Led Governance and Security in Nigeria After Boko Haram

Author:
Jibrin Ibrahim and Saleh Bala
Publication Date:
12-2018
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Nigeria’s military has largely degraded the capacity of Boko Haram since the peak of the insurgency in 2015. The government and security forces must now focus on winning the peace. This Special Report outlines the insurgency and its aftermath, the challenges facing the Nigerian government, the imperative of national police reform, and ways forward to stable and effective civilian-led governance.
Topic:
Security, Insurgency, Governance, Reform, Rule of Law, Justice, and Boko Haram
Political Geography:
Africa, Nigeria, Chad, Cameroon, and Niger

33. Transitioning Toward Gender Justice: A Trend Analysis of 13 African cases

Author:
Maxine Rubin
Publication Date:
10-2018
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Gender justice sees equal power relations, privilege, dignity, and freedom for people of different genders as a necessary component for any “just” society and a prerequisite for development.1 Gender justice includes gender equality, meaning substantive freedom for all genders to have genuine choices about their lives. Mirroring a global pattern in peace and security practice and policy-making, transitional justice (TJ) practice has tended to reduce gender justice concerns to violence against women (VAW). This policy brief advocates for policy-makers to adopt a broader and more meaningful understanding of gender justice, and to incorporate it into their TJ policymaking.
Topic:
Gender Issues, Women, Gender Based Violence, Violence, Justice, and Reconciliation
Political Geography:
Africa, South Africa, Algeria, Mozambique, and Rwanda

34. Ambitious SDG Goal Confronts Challenging Realities: Access to Justice is still Elusive for Many Africans

Author:
Carolyn Logan
Publication Date:
03-2017
Content Type:
Policy Brief
Institution:
Afrobarometer
Abstract:
Access to justice for all citizens has long been recognized as a cornerstone of democracy, good governance, and effective and equitable development. Its centrality has recently been highlighted in the United Nations’ Sustainable Development Goal 16 (SDG16), which calls for all societies to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels” (United Nations, 2016). The United Nations Development Programme (2004) has even described access to justice as a basic human right. Access to justice is described broadly as the ability of citizens to “seek and obtain remedies” (American Bar Association, 2012, i) and to “prevent the abuse of their rights and obtain remedies when such rights are abused” (United States Agency for International Development, 2010, 12). Providing access to justice requires meeting several conditions. It requires a legal framework that protects citizens’ rights and that is known and comprehensible to ordinary people. It requires that court costs are reasonable and that legal counsel is both available and affordable. And it requires that citizens are confident that laws will be fairly and effectively applied. In short, it requires the existence of a remedy, citizens with the legal empowerment and capacity to seek a remedy, and a court system with the capacity and will to provide an effective remedy (International Commission of Jurists, 2009). These conditions are often evaluated through expert assessments. However, the perspectives of ordinary citizens – including both the public at large and actual users of the legal system – can shed critical light on the extent to which people enjoy access to justice. Do ordinary citizens use the legal system to resolve disputes, or do they avoid it? Do they have confidence in court decisions, and in their own ability to secure just outcomes? Can they obtain the legal advice they need, and afford to pursue a case? And when they do go to court, what are their experiences? Are women, the poor, or marginalized groups treated differently than men or wealthy elites?
Topic:
Development, Inequality, Sustainable Development Goals, Justice, and Sustainability
Political Geography:
Africa

35. Enhancing Access to Justice in Uganda's Forestry Sector: A Comparative Study of Uganda and Tanzania

Author:
Ronald Naluwairo and Anna Amumpiire
Publication Date:
01-2017
Content Type:
Research Paper
Institution:
Advocates Coalition for Development and Environment (ACODE)
Abstract:
This is a comparative analysis of access to justice in the forestry sector in Uganda and Tanzania. Although the concept of access to justice is broad and encompasses many aspects, this study focused on only four aspects namely: (i) tenure rights of forestadjacent communities; (ii) access to forestry information; (iii) liability for forestry harm; and (iv) courts as forest dispute settlement mechanisms. The analysis reveals that although Uganda is strong in some areas, it is generally weak with respect to many issues of access to justice that were examined. Although Tanzania was also found to be generally weak on issues of access to justice as examined, it offers some lessons for improving access to justice in Uganda’s forestry sector.
Topic:
Development, Environment, Justice, and Forestry
Political Geography:
Uganda, Africa, and Tanzania

36. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

37. Popular dispute resolution mechanisms in Ethiopia: Trends, opportunities, challenges and prospects

Author:
Gebreyesus Teklu Bahta
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article finds that high-ranking officials within the judiciary and executive, heads of some organisations, and certain researchers have acclaimed the harmonisation and application of the Popular Dispute Resolution Mechanisms (PDRMs) in Ethiopia’s justice system. To this effect, they have sponsored national and regional forums, conferences and workshops; established research institutions and centres as well as sponsored scholars who conduct research on this initiative. The positive attitude of these stakeholders towards PDRMs, the multiplicity and diversity of PDRMs, as well as the support of various institutions to such initiatives are considered to be good opportunities for the harmonisation and application of these practices in the country’s justice system. On the other hand, the absence of clear laws and policies related to the legitimacy of the informal justice systems, the level of administration to which they should be accountable, their interconnection with the formal courts and other state structures, the scope of application of their jurisdiction and their financial transactions are found to be serious challenges that demand immediate attention. Some of the hitherto existing research works are found to be scattered, poorly cross-referenced and out-of-the-reach of researchers and readers; while others are shallow in their investigative depth and limited in thematic and geographical coverage. In order to address these challenges and dilemmas, the article recommends the establishment of a new regulatory organ at macro level that has the capability and legitimacy to adapt and harmonise PDRMs in ways that can preserve the traditional African indigenous values and at the same time respect international human rights convention.
Topic:
Conflict Resolution, Religion, and Justice
Political Geography:
Africa and Ethiopia

38. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Corinna Jentzsch
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The analysis begins with a review of trends in financing peace operations, including the proliferation of actors; existing financing mechanisms used by the UN, the European Union (EU), the North Atlantic Treaty Organiza- tion (NATO), and the World Bank; and the devolution of these operations to African regional organizations. Efforts of the past two decades to respond effectively to challenges to peace and security in Africa have produced vari- ous new programs and institutions, funds, and budgets and led to revisions of previous programs and financing mechanisms. This proliferation of institutions and funds has also created challenges, however, which the analysis reviews next, placing particular emphasis on three: the inadequacy of UN reforms to overcome financing constraints; the insufficiency and unpredictability of voluntary contributions; and the limited capacity of African regional organizations. All are rooted in the demand for more integrated approaches to peace operations on the one hand and the lack of coordination, duplication of structures, and waste of resources on the other.
Topic:
NATO, United Nations, Developing World, Finance, Europe Union, Peace, and Justice
Political Geography:
Africa, United States, and Europe

39. Just Peace: Achieving Peace, Justice, and Development in Post-Conflict Africa

Author:
Dan Kuwali
Publication Date:
08-2014
Content Type:
Working Paper
Institution:
Social Science Research Council
Abstract:
The political realities of post-conflict situations present hard choices in the peacebuilding and reconstruction processes. Most post-conflict societies face the dilemma of how to deal with past atrocities, especially genocide, war crimes, and crimes against humanity. Where the perpetrators are the winners of the war or elections, victors’ justice has usually been rendered against the vanquished. Yet, even where this is not the case, national judicial systems in most post-conflict societies cannot immediately handle wide- scale prosecutions for atrocities in accordance with international standards of due process, and, in cases where a political compromise has taken place, the question is usually whether to forego justice for the sake of peace. The answer is often to offer amnesty to the perpetrators of atrocities, effectively giving them impunity. This discussion will explore a victim-oriented approach toward resolving the peace and justice dilemma while promoting reconciliation and development in post-conflict settings. The starting point is the assertion that mass atrocities such as genocide, war crimes, and crimes against humanity can brook no impunity, although each conflict is sui generis, and legal concerns must be balanced with political reality in determining the appropriate reaction to past atrocities. Following the analysis is an outline of the steps that should be taken to eradicate the root causes of conflicts leading to mass atrocities in Africa.
Topic:
Genocide, War Crimes, Peace, and Justice
Political Geography:
Africa

40. Lessons to Be Learned: An Analysis of the Final Report of Kenya’s Truth, Justice and Reconciliation Commission

Author:
Christopher Gitari Ndungú
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the logic of the commission’s conclusions and recommendations, and the apparent efforts made by commissioners to examine notorious and contentious past conducts. The paper concludes that, despite the controversies that surrounded the TJRC during its tenure, the contents of the Final Report can be used to consolidate the search for justice for victims of historical injustices in Kenya.
Topic:
Transitional Justice, Justice, and Truth and Reconciliation
Political Geography:
Kenya and Africa